RULES OF MIDDLE SCHOOL MOCK TRIAL TOURNAMENT

Transcription

1 RULES OF MIDDLE SCHOOL MOCK TRIAL TOURNAMENT Videos to help prepare your team, ABC s of Mock Trial and Developing a Mock Trial Program (near bottom of webpage) 1. ADMINISTRATION 1.1 Rules All trials will be governed by the Rules of the Justice Iredell Middle School Mock Trial Tournament and the Rules of Evidence (Mock Trial Version). Students are not required to know the rule numbers that apply to each rule, but should be able to find the rule(s) in the materials. Questions or interpretations of these rules are within the discretion of the NC Bar Association Foundation, Law-Related Education Advisory Committee (LREAC), whose decision is final. 1.2 Code of Conduct The Rules of the Tournament, as well as proper rules of courthouse and courtroom conduct and security must be followed. The NC LREAC possesses discretion to discipline, up to and including disqualification from the tournament. Everyone entering the courthouse will be required to enter through a metal detector. Please avoid bringing any items restricted by the facility, including knives, concealed weapons, cell phones with camera features, or any items that will slow the entry process. Parents and visitors are welcome to attend the tournaments but are not allowed to move around in the courtroom during a trial or participate in the trial in any way, including asking about time, raising disputes or arguing on behalf of the student(s). All guests in the gallery shall remain seated during the trial. If it is necessary to enter or exit the courtroom during trial, a parent or visitor should do so during a transition, such as in between witnesses or after any argument. Please respect arrival times, breaks and lunch times by never being late. It is strongly encouraged that cell phones are not brought to the courthouse and/or the place of the mock trial tournament. Some courthouses prohibit the entrance of cell phones and they will be confiscated by security personnel. Teacher sponsors are asked to have their cell phones on vibrate in order to be reached by the tournament coordinator. If any cell phones are on any person, they are to be turned off while in the courtroom to avoid any distractions during the duration of the tournament. 1.3 Emergencies During a trial, the presiding judge shall have discretion to declare an emergency and adjourn the trial for a short period of time to address the emergency. 1

2 In the event of inclement weather, contact Diane Wright or JoAnn Petilli at (919) You will be ed both of their cell phone numbers prior to the tournament date for direct communication. 1.4 Team Codes/Identities The students schools, to the extent possible, are to be kept confidential from the scoring judgments. To ensure this, there shall be no school names, logos, or colors on any items brought into the courtroom. Teams should only identify themselves by their assigned team codes for the duration of the tournament. 1.5 Media Coverage Media coverage will be allowed. Media or other representatives may use various media to document the mock trial rounds as approved by the North Carolina Bar Association (NCBA). Media or other representatives authorized by the NCBA will wear identification badges. See the photo release form for additional information. 2. THE PROBLEM The case is based upon a true event. The case information that is provided to each team may contain any or all of the following: statements of fact, indictment, stipulations, witness statements/affidavits, jury charges, and exhibits. Stipulations may not be disputed at trial. Witness statements may not be altered. The problem consists of three witnesses for the plaintiff/prosecution and three witnesses for the defense. The witnesses may be called in any order, but each side must call all of its witnesses. 3. TEAMS 3.1 Team Eligibility Students who comprise a team must be from the same school. Schools may enter a maximum of two teams in the tournament. At no time may any team for any reason substitute any other person for official team members. Home school students may compete in the Middle School Mock Trial Tournament in the district in which they reside. The school must submit a letter of eligibility for the home schooled student before s/he may be placed on the roster. Home school teams may also compete, provided all students on the roster would be assigned to the same school district and are not enrolled in a public or private school. 2

3 3.2 Team Roster Form Description The team roster, including alternates if applicable, becomes official at the time of on-site registration. Once official, a team may have its members move positions or delete positions but new members may not be added. A copy of each team roster form will be turned into the mock trial coordinator on the day of the tournament during registration. Before beginning a trial, each side/team will share and fill out 2 tri-copy carbonless scoring forms and distribute the original to each scoring judge, one to the presiding judge, and one for each teacher. The form should identify the gender of each witness so that references to such parties will be made in the proper gender and handwriting should be very clear for spelling purposes on certificates. 3.3 School Information Sheet The lead teacher sponsor must submit a school information sheet with team specific information prior to the tournament. The deadline for this submittal will be provided by the LRE Department. The school information sheet allows for a current listing of the team members, teachers, and attorney volunteer coaches so that the LRE Department can prepare for the tournament, including preparing certificates for each participant and team badges. This information is also provided to the NC Bar Communications Department to create press releases. The school information sheet may be updated with new and/or deleted students up to the day of the tournament. The school information sheet is not the official team roster form (see Section 3.2 above). Please note, however, that changes made after the school information sheet has been submitted need to be provided to the LRE Department to ensure that students have name tags and certificates of participation. 3.4 Accommodations for Students with Disabilities If special accommodations are needed for a student with a disability, the lead teacher/coach must address this issue with the state mock trial coordinator when registering for the tournament or as soon as possible thereafter. The state mock trial coordinator will work with the teacher/coach, the student, and the regional mock trial coordinator to make reasonable accommodations for the student to the extent fair for the participants, time constraints, and facilities. Documentation regarding a specific disability is required in order for special arrangements to be made. Confidentiality of information received will be maintained except to the extent disclosure is necessary to make the appropriate accommodation. 3.5 Withdrawing from the Tournament Teams are notified in the mock trial registration form of the date a team can withdraw without penalty. Should a team need to withdraw after the designated date, the team must complete the drop form provided on the NC Bar LRE website. The teacher-sponsor and the principal must sign and submit the completed form to the state mock trial coordinator. Withdrawal after the deadline may result in extreme hardship in coordinating the tournament. 3

4 4. TEAM COMPOSITION AND PRESENTATION 4.1 Team Composition Teams must have a minimum of six members and a maximum of 16 members. As a suggestion, and not a requirement, a team of 16 members and a team of 6 members would be divided as follows: Sixteen Members Six Members 3 prosecution/plaintiff witnesses 3 prosecution/plaintiff witnesses 3 defense witnesses 3 defense witnesses (played by same students who were the prosecution/plaintiff witnesses) 4 prosecution/plaintiff attorneys 2 prosecution/plaintiff attorneys 4 defense attorneys 2 defense attorneys (played by same students who were the prosecution/plaintiff attorneys) 1 bailiff Bailiff and Timekeeper as one role 1 timekeeper Each team must present both the prosecution/plaintiff and the defense/defendant sides of the case. In any given round, teams must use a minimum of 6 students (2 attorneys, 3 witnesses, 1 bailiff/timekeeper) and a maximum of 9 (4 attorneys, 3 witnesses, 1 bailiff, and 1 timekeeper). Each team must have 2-4 attorneys per side. There must always be three witnesses per side. Teams are encouraged, but not required, to have an alternate for each position. If a school does not have 16 members, students may double duty witness and attorney roles. Although every effort is made to prevent teams from the same school from competing directly against one another, occasionally two teams from the same school may be part of the same trial. 4.2 The Bailiff When a team presents its prosecution/plaintiff side of the case, their bailiff will call the court to order and swear in all witnesses from both sides of the case at once, unless otherwise directed by the judge. The bailiff is responsible for asking for and stating the name of the judge prior to the start of trial. 4.3 Attorneys Attorney team members are to evenly divide the eight attorney duties: 1. Opening Statement 2. Direct Examination of Witness #1 3. Direct Examination of Witness #2 4. Direct Examination of Witness #3 5. Cross Examination of Witness #1 6. Cross Examination of Witness #2 4

5 7. Cross Examination of Witness #3 8. Closing Argument (including rebuttal) Below are suggested ways to evenly divide attorney duties. Note that the opening and closing statement cannot be done by the same attorney: Four Attorneys: Two attorneys will conduct one direct and one cross examination. One attorney will do the opening statement and either a cross examination or a direct examination. The remaining attorney will do the closing statement and either a cross examination or a direct examination. Three Attorneys: Each attorney will conduct one direct and one cross examination. In addition, one attorney will present the opening statement and another will present the closing argument. Two Attorneys: One attorney will present the opening statement and perform cross examination on two witnesses and direct examination on one witness. The other attorney will present the closing argument and perform two cross examination on one witness and direct examination on two witnesses. 4.4 Witnesses All witnesses are gender neutral. Personal pronoun changes in witness statements indicating gender of the characters may be made. Any student may portray the role of any witness of either gender. All witnesses must be called. The witnesses may be called in any order. Teams that do not call all of their witnesses will automatically forfeit. Each witness must be cross-examined by the opposing side. Witnesses may not be recalled. Cross examining attorneys cannot interrupt/cut off the witness if they are answering the questions asked with a reasonable explanation that goes beyond the simple yes or no that the questioning attorney is trying to illicit. Each witness is bound by the facts contained in his/her witness statement/affidavit, the agreed to facts of the case (stipulations) and any exhibits. A witness is not bound by facts contained in other witness statements. Fair assumptions may be allowed, provided the assumptions are reasonably based on the witness statement. If, in direct examination, an attorney asks a question that calls for information not clearly stated in the witness statement, the question is subject to objection for the creation of material fact. During the trial, witnesses may NOT use notes or read from any documents unless questioned or cross examined about a witness statement or an exhibit. 4.5 Timekeeping Time limits are mandatory and will be enforced. Each team is required to provide one student who will serve as the official timekeeper for that team and will use timekeeping aids. The LRE Department will provide time cards, clip boards, timesheets and stop watches on tournament day. The prosecution/plaintiff timekeeper will be the official timekeeper of the two timekeepers 5

6 provided between the two teams. Timekeepers are responsible for fairly and accurately reporting and keeping the time during the trial. Time keeping begins when the judge instructs the attorneys to begin. Time runs from the beginning of witness examination, opening statement, or closing argument until its conclusion. Introduction of counsel or witnesses prior to the opening statement shall not be included in the time allotted for opening statements. However, if counsel or witnesses are introduced once the opening statement has commenced, such time shall be included in the time allotted for the opening statement. Time only stops for objections, questioning from the judge, or the administration of the oath. Time does not stop for the introduction of exhibits or for attorneys to confer with co-counsel. If a speaker runs out of time, the speaker may request for the presiding judge s permission to conclude his/her presentation, with the understanding that the scoring judges may penalize for using excessive time. If time has expired and an attorney continues without permission from the court, the scoring judges may discount points. However, if an attorney secures a time extension from the court before time expires, no penalty for a time overrun will be assessed against the team requesting the extension, so long as that team does not exceed the extension. Timesheets are turned in at the end of each round to the presiding judgment. Timekeepers can only use the official time cards provided by the LRE Department and no others. The timecards are provided in the following increments: 20:00, 15:00, 10:00, 5:00, 4:00, 3:00, 2:00, 1:00, 0:40, 0:20, and STOP. Modification of the intervals is not permitted. Timekeepers should display the applicable time cards simultaneously and silently. Timekeepers may not verbalize or use any hand gestures other than raising the LRE Department timecards. At the of each task during the trial (i.e., at the end of each opening statement), if there is more than a 15 second discrepancy between the timekeepers, the timekeepers must notify the presiding judge of the discrepancy who will make a ruling. Any discrepancies of less than 15 seconds will not be considered. No time disputes will be entertained after the trial concludes. The decisions of the presiding judge regarding the resolution of time disputes are final. 5. DURING THE TRIAL 5.1 Trial Communication Coaches, teachers, alternates, and observers shall not talk to, signal, communicate with, or coach their teams during trial. This rule remains in force during any emergency recess that may occur. Team members may, among themselves, communicate during the trial; however, no disruptive communication is allowed. Signaling of time by the teams timekeepers shall not be considered a violation of this rule. Student attorneys are permitted to ask the judge for permission to inquire as to how much time is remaining. 5.2 Viewing a Trial Team members, alternates, attorney coaches, teachers, parents, visitors, and any other persons directly associated with a specific mock trial team, except for those authorized by the Law 6

7 Related Education (LRE) Department are not allowed to view other teams performances so long as their team remains in the tournament. Each team may watch its own team, e.g., prosecution/plaintiff may watch defense. ANY TEAM WHO VIOLATES THIS RULE WILL BE ELIMINATED FROM THE TOURNAMENT. All such decisions will be within the discretion of the tournament coordinator. All official team members, sponsors, attorney coaches, teachers, and guests will be required to wear lettered name tags provided at on-site registration to ensure that this rule is followed. Matching labeled name tags are required for visitors who want to watch their team. 5.3 Courtroom Setting The prosecution/plaintiff team shall be seated closest to the jury box. No team shall rearrange the courtroom without prior permission from the presiding judge. Each trial will be presided over by a judge, who will either be an actual judge or a member in good standing of the North Carolina Bar Association (NCBA). Each round will be scored by a three member jury panel serving as the scoring judges that may consist of attorneys, law students, or experienced high school mock trial teachers. Teams may address the scoring judges as members of the jury. Presiding and scoring judges will be provided with copies of the mock trial manual prior to the tournament. 5.4 Agreed to Facts (Stipulations) Agreed upon facts (stipulations) of the case shall be considered part of the record and already admitted into evidence. 5.5 Reading into the Record Not Permitted The complaint, answer, indictment, and the charge to the jury are not read into the record. 5.6 Standing During Trial Unless excused by the presiding judge, attorneys should stand while giving opening statements, closing arguments, and for all objections, but remain seated during cross and direct examinations. A good general rule is that an attorney should stand when addressing the judge or the jury directly, but remain seated when examining a witness. 5.7 Use of Notes by Attorneys Attorney may use notes in their presentations although they are encouraged to rely as little as possible on notes. Attorneys may quietly consult with each other at counsel table orally or through the use of notes. Remember, scoring judges are judging the overall performance of the students and effective use of notes is considered when scoring. 7

8 5.8 Creation of Material Fact Teams may not use the physical characteristics of a student playing a role in the case (such as gender, race, height, etc.) as part of the evidence in the case. To do so constitutes the creation of a material fact and is a violation of these rules. Example: I saw a short female and this witness is a tall male. For mock trial purposes, a material fact is one that gives one side in the case a significant legal advantage. For example, in the trial of a person for underage drinking, the fact that the defendant is 30 years old is material, because it automatically establishes the defendant s innocence. That the defendant is 30 years old would usually be immaterial in a case for breach of contract. In a murder trial, the fact that the defendant had taken out a large insurance policy on the life of the victim prior to the murder is material because it suggests a motive for the crime. The fact that the defendant graduated from UNC Chapel Hill would usually be immaterial, but if the murder occurred in the parking lot of Dean Stadium after UNC beat Duke 45-0, the fact suggests motive and would be material. When determining whether a fact is material, teams should use common sense. Ask whether the creation of the fact significantly helps either side s case. If the answer is yes, then the fact is material. If a team creates a material fact, it is best exposed and attacked through impeachment of witness and included in closing arguments as a way to discredit the opposing side. A team that deals with the creation of material facts in this fashion will generally be considered by the scoring judges to be more sophisticated, accomplished, and experienced than a team that simply objects to creation of material facts without trying first to impeach the witness. 5.9 Motions (Requests of the Court) No motions may be made except in the event of an extreme emergency, i.e., a health emergency or threat of danger, in which case a motion for a recess may be made. To the greatest extent possible, team members are to remain in place. Should a recess be called, teams are not to communicate with parents, visitors, coaches, or instructors regarding the trial. If any substitutions are made, a pre-trial motion must be made UNLESS a participating team member becomes medically unable to proceed with trial Sequestration Teams may not mention the rule of sequestration having the scorers hidden from the public Bench Conferences Teams will not be permitted to request bench conferences during a trial. However, if a presiding judge requests a bench conference, the teams should respect the judge s instructions. 8

9 5.12 Supplemental Material/Costuming Teams may only refer to materials including in the case materials. No illustrative aids of any kind may be used, unless provided in the case materials. No alteration of the exhibits is permitted, including, but not limited to, highlighting, enlarging, or laminating. Absolutely no props are permitted unless authorized specifically in the case materials. The use of blackboards, flip charts, books, and other physical items is not permitted. Likewise, costuming is NOT allowed Offers of Proof No offers of proof may be requested or tendered Trial Sequence and Time Limits The time limits should be used by all teams in preparing the cases for trial. Presiding and scoring judges will be notified of these limits and may use their discretion as to the enforcement of the limits: Opening Statements Direct Examinations (optional re-directs, time permitting) Cross Examinations (optional re-cross, time permitting) Closing Arguments 4 minutes 20 for all direct examinations, an average of 7 minutes per witness 15 minutes for all cross examinations, an average of 5 minutes per witness 6 minutes total When opening court, the bailiff should announce the name of the case and name of the presiding judge as soon as the jury is seated. The bailiff will say: All rise. The Court of General Sessions Fortieth Judicial Circuit is now in session. The Honorable Judge X is presiding. The presiding judge will then ask the bailiff to swear in all witnesses from both sides of the case, all at one time. The following oat may be used before questioning begins: Do you promise the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition? 5.15 Opening Statements The presiding judge with call the case, introduce the teams, review the rules, and swear in the witnesses, then will recognize the prosecution/plaintiff and the defense attorneys for opening statements. Opening statements must be given by both sides at the beginning of the trial with prosecution/plaintiff presenting their opening statement first. If the prosecution/plaintiff does not use all of his/her time in the opening statement, he/she may request the remainder of the time to be used for a rebuttal. 9

10 No objections may be raised during or following opening statements. Opening statements are not evidence. If a team believes that opposing counsel raises an improper issue during the opening statement, it should be addressed during the presentation of the evidence or within the closing argument. A video link that will explain how to prepare an opening statement (near bottom of webpage) Examination of the Witnesses: Objections Except during the opening statement (see Rule 5.6 herein) or closing argument (see Rule 5.11 herein), an attorney may object any time the opposing attorney has violated a rule of evidence. The attorney who wants to object should stand up and do so at the time of the violation, e.g. objection, your Honor. The testimony/counsel is. When an objection is made, the presiding judge will ask the reason for the objection. Then the presiding judge will ask the attorney conducting the examination and that attorney will have a chance to explain why the objection should not be accepted ( sustained ) by the presiding judge. The presiding judge will then decide whether a question or answer must be discarded because it was violated a rule of evidence ( objection sustained ) or whether to allow the question or answer to remain on the trial record ( objection overruled ). Students are NOT scored based on the rulings of the presiding judge but rather on how the regroup based on the presiding judge s ruling. Below are the seven reasons for objecting under the mock trial rules of evidence: Objection Argumentative Question An attorney shall not ask argumentative questions. Assuming Facts Not in Evidence An attorney may not ask a question that assumes unproven facts; however, an expert witness may be asked a question based upon stated assumptions, the truth of which is reasonably supported by the evidence (sometimes called a hypothetical question ). Irrelevant Evidence Leading Hearsay Opinion Lack of Personal Knowledge The attorney who conducts the direct examination of a witness is the only person who may make objections to the opposing attorney s questions during that witness cross-examination. The attorney who cross-examines a witness is the only one permitted to object during the direct examination of that witness. 10

11 5.17 Examination of the Witnesses: Introducing Exhibits The case materials include a predetermined number of proposed exhibits that either team may use. Each side will be scored on its attempt to introduce evidence and the opposing side based on its objections. The teams must determine which witnesses (either on the team s own direct examination or during the cross examination of the other team s witnesses) are the best and/or proper witnesses to initiate the exhibits. Exhibits may not be duplicated, enlarged, or otherwise altered. In the presiding judge s discretion, he/she may make a ruling prior to the opening statements that all exhibits are deemed admitted. If the judge so makes such a ruling, then the attorneys may use any of the exhibits without first having them admitted into evidence (but remember to always ask the presiding judge s permission before approaching a witness!). If the presiding judge does not deem all exhibits admitted, then, as an example, the following steps will effectively introduce evidence: 1. Ask for permission to approach the witness: Your Honor, may I approach the witness with what has been marked as Exhibit? 2. Before approaching the witness, show the exhibit to opposing counsel. 3. Ask the witness to identify the exhibit: Would you please identify this document? The witness should answer to identify only. 4. Ask the witness a series of questions that are offered for proof of the admissibility of the exhibit. Such questions lay the foundation for admissibility, including the questions of relevance and materiality of the exhibit. 5. Offer the exhibit into evidence: Your Honor, we offer Exhibit into evidence. 6. Presiding Judge: Is there an objection? If opposing counsel believes a proper foundation has not been laid, the attorney should be prepared to object at that time. 7. Opposing counsel: No, Your Honor or Yes, your Honor. If the answer is yes, then the objection will be stated on the record. The presiding judge will ask if there is a response to the objection. 8. Presiding Judge Exhibit is/is not admitted. If admitted, questions on the content of the exhibit may be asked Re-direct/Re-cross examinations Witness examination will consist of direct and cross examinations of each witness. Each team is allowed one re-direct and one re-cross examination per witness. These are not opportunities to bring up new issues and are limited to addressing and clarifying prior testimony given during direct and cross examinations. As stated in Rule 4.4 Witnesses - Cross examining attorneys cannot interrupt/cut off the witness if they are answering the questions asked with a reasonable explanation that goes beyond the simple yes or no that the questioning attorney is trying to illicit. A video link that will explain how to prepare Direct and Cross examination of witnesses (near bottom of webpage) 11

12 5.19 Closing Arguments Closing arguments must be based on the actual evidence and testimony presented during the trial. If evidence was not presented during the trial, it cannot be used in the closing arguments. Attorneys delivering the closing arguments should take notes during trial to ensure that everything they say in their closing arguments was in fact entered into evidence. No objections may be raised during closing arguments. If a team believes an objection would have been proper during the opposing team s closing argument, one of its attorneys may, following the closing argument, stand to be recognized by the judge and may say, If I had been permitted to object during closing arguments, I would have objected to the opposing team s statement that. The attorney who delivered the closing argument that is the subject of the objection may then stand, after being recognized by the presiding judge, and deliver a brief rebuttal limited solely to the scope of the objection. The presiding judge will not rule on this exchange, but the scoring judges will weigh the objection and rebuttal individually. The objection should generally be used only to challenge a closing argument that is not based on evidence property admitted at trial. Teams should not use this rule merely to challenge the strength or logical force of their opponent s arguments. Scoring judges should consider such use of this rule improper and may, in their sole discretion, adjust scores accordingly. A video link that will explain how to prepare a Closing Argument (near bottom of webpage) No person may do both the opening statement and closing argument Critique/Feedback The presiding judge is allowed five minutes for debriefing after the conclusion of the trial. Judges will not decide guilt or innocence. Judges may not inform the students of score sheet results. 6. JUDGING AND TEAM ADVANCEMENT 6.1 Finality of Decisions All decisions of the judging panel are FINAL. 6.2 Composition of Judging Panels The judging panel will consist of at least three individuals. The composition of the judging panel and the role of the presiding judge will be at the discretion of the state mock trial coordinator, with the same format used throughout the tournament: 1. One presiding judge and two scoring judges (all three of whom complete score sheets); or 2. One presiding judge and three scoring judges (scoring judges only complete score sheets. 12

13 Each scoring judge will have substantial mock trial coaching or scoring experience or will be licensed attorneys. Each scoring panel will have at least one attorney. The presiding judge will be an attorney or a judge. Prior to the tournament, each judge will receive a copy of these rules, a memorandum outlining the case, and orientation materials. 6.3 Score sheets/ballots The term ballot will refer to the decisions made by the scoring judge as to which scored the highest in a given round. The term score sheet is used in reference to the form on which the speaker and team points are recorded. Scores will NOT be announced at the end of each round. However, tabulated score sheets will be mailed to the teacher after the tournament only after scores have been verified and rankings confirmed. 6.4 Completion of Score sheets Each scoring judge records a number of points (1-10) for each presentation of the trial. A scoring matrix is found on each score sheet provided to the scoring judges. At the end of trial, each scoring judge totals the sum of each team s individual points, assesses an overall team performance score, places the sum in the columns total box, and circles the team ( P or D ) that receives their votes for the best team of the round. This vote should coincide with the team that scored the highest number of points. NO TIE IS ALLOWED IN THE COLUMN TOTAL BOX. The scoring judges circle the letter P or D in case of a mathematical error. This also serves as a tiebreaker. In the event of mathematical error in tabulating the scores that, when corrected, results in a tie, the circled letter shall determine award of the ballot. 6.5 Awards Awards for best attorney and witness on each side by peers will be given out after each trial. The Awards for best attorney and witness by the scoring judges will be given out at the end of the day or mailed to the appropriate teacher/student. Regional Awards will be awarded at the State Finals. State Awards will be given out directly after the State Finals. 13